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6 year trust

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  1. Nearly 6 years ago I signed a trust deed, I was advised that this would be the best route to take as I could not pay debts that had mainly been incurred as a result of my husband entering into an ill judged buiness arrangement. I signed the trust deed before a valuation was carried on the IPs instructions. In my opinion the valuation was considerably over the market value of the house and I argued this but nothing was done at this time i have continued to pay the agreed amount every month. At the end of 3 years I was told that the IP still had an interest in the house, at that time I gathered evidence that the house had been overvalued by showing the prices other houses in the street had been sold for at the time of valuation and also information showing over valuation based on the Bank of Scotland Scottish Price Index and the Nationwide house price calcullator, in addition I paid for a chartered Surveyor to carry ou a retrospective valuation, all this information confirmed thay the value of my house was approximately £106000 and not £123,600. (I have an interest only mortgage of £95,000). I received information back from the IP saying that additional sums were still required to allow the equity to be bought out. That was in March 2010 and I'm still paying my monthly contribution. I have no way to raise this sum and I cannot remortgage due to my credit rating, I have lived in the same home for the last 16 years and have 2 children to look after, I decided on the trust deed as I was told that I could stay in my home. After all this time and worry can they still force me to sell my home and end up homeless? Also my husband and i have been separated for 7 years and although his name was not on the mortgage he considers that he still has an interest in the equity of the house if I sell it, I'm not sure how this affects the situation? Can anyone give me any advice about what I should do. From what I can see from the statements my IP sent me, (not had one of these for a few years) it shows that all I'm really doing is contributing to the IP's annual fees. A solicitor suggested going to see an Advocate that specialises in these matters, but I'm sure that will cost thousands too?
  2. I was advised to sign a trust deed, This was nearly 6 years ago. Since then I have paid the agreed amount every month. The reason why the period was extended was as a result of a dispute over the valuation put on the house. I gathered evidence that the house had been overvalued by showing the prices other houses in the street had been sold for but this wasn't accepted by the IP. A couple of years ago the IP wrote me asking me again to try to get a loan from a friend or a relation to pay the outstanding equity, again I brought up the subject of the over valuation, at that point I was asked to have a local surveyor do a valuation based on the date the Trust was signed. This showed that the original valuation was £18,000 over the valuation at that date. The IP wrote back saying that they would not accept this valuation. So I have continued to pay the agreed amount and really want to know if I have to pay this for the rest of my working life. I have lived in the same home for the last 16 years and have 2 children to look after, I decided on the trust deed as I was told that I could stay in my home. But it seems I'm either expected to find this extra equity by borrowing, which is impossible, remortgage my home, which is impossible given my credit rating and the current ecnomic climate, Or maybe they just expect me after all this time trying to sort out this problem to sell my house and end up homeless! Can anyone give me any advice about what I should do. From what I can see from the statements my IP sent me, (not had one of these for a few years) it shows that all I'm really doing is contributing to the IP's annual fees. A solicitor suggested going to see an Advocate that specialises in these matters, but I'm sure that will cost thousands too?
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